TAW-98157 / Bruker Handheld LLC, Bruker Nano Analytics Division (Kennewick, WA)
Petitioner Type: State
Impact Date: 12/21/2020
Filed Date: 01/10/2022
Most Recent Update: 05/12/2022
Determination Date: 05/12/2022
Expiration Date: 05/12/2024
Employment and Training Administration
TA-W-98,157
BRUKER HANDHELD LLC
BRUKER NANO ANALYTICS DIVISION
INCLUDING WORKERS WHOSE WAGES WERE REPORTED UNDER
BRUKER AXS HANDHELD, INC.
KENNEWICK, WASHINGTON
Certification Regarding Eligibility
To Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 223 of the Trade Act of 1974, as
amended ("the Act"), 19 U.S.C. § 2273, the Department of Labor
("Department") herein presents the results of an investigation
regarding certification of eligibility to apply for Trade
Adjustment Assistance ("TAA") for workers.
The group eligibility requirements for workers of a firm under
Section 222(a) of the Act, 19 U.S.C. § 2272(a), are satisfied if
the following criteria are met:
(1) a significant number or proportion of the workers in
such workers' firm, or an appropriate subdivision of the
firm, have become totally or partially separated, or are
threatened to become totally or partially separated;
(2)(B)(i) there has been a shift in production by such
workers' firm or subdivision to a foreign country of
articles like or directly competitive with articles which
are produced by such firm or subdivision; and
(ii)(I) the country to which the workers' firm has
shifted production of the articles is a party to a free
trade agreement with the United States;
(II) the country to which the workers' firm has
shifted production of the articles is a beneficiary under
the African Growth and Opportunity Act, or the Caribbean
Basin Economic Act; or
(III) there has been or is likely to be an
increase in imports of articles that are like or
directly competitive with articles which are or were
produced by such firm or subdivision
The investigation was initiated in response to a Trade
Adjustment Assistance for Workers (TAA) and Alternative Trade
Adjustment Assistance (ATAA) petition dated December 21, 2021 and
filed on January 10, 2022 by a State Workforce Office, on behalf
former workers of Bruker Handheld LLC, Bruker Nano Analytics
Division, Kennewick, Washington (hereafter referred to as the
"group of workers"). The group of workers includes workers whose
wages were reported under Bruker AXS Handheld, Inc. Additionally,
in accordance with 20 CFR 618.110 group of workers is defined as,
""¦including teleworkers and staffed workers."
The group of workers is engaged in activities related to the
production of handheld and portable X-ray fluorescence (XRF)
spectrometers.
The petition alleges that worker separations, or threats
thereof, were potentially due to "production is being
transferred."
During the course of the investigation, information was
collected from the petition, the workers' firm, and other
sources.
Section 222(a)(1) has been met because a significant number
or proportion of the workers in such workers' firm have become
totally or partially separated or are threatened to become totally
or partially separated.
Section 222(a)(2)(B) has been met because a shift in
production of handheld and portable X-ray fluorescence (XRF)
spectrometers to a foreign country has occurred and there has
been or is likely to be an increase in imports of articles that
are like or directly competitive with articles which are or were
produced by such firm or subdivision.
ALTERNATIVE TRADE ADJUSTMENT ASSISTANCE
In accordance with Section 246 the Trade Act of 1974, as
amended (Act), 26 U.S.C. 2813, the Department herein presents the
results of its investigation regarding certification of
eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA) for older workers.
The group eligibility requirements for workers of a firm
under Section 246 (a)(3)(A)(ii) of the Trade Act are satisfied
if the following criteria have been met:
(I) Whether a significant number of workers in the
workers' firm are 50 years of age or older;
(II) Whether the workers in the workers' firm possess
skills that are not easily transferable; and
(III) The competitive conditions within the workers'
industry (i.e., conditions within the industry
are adverse).
Section 246(a)(3)(A)(ii)(I) has been met because a
significant number of workers in the workers' firm are 50 years of
age or older.
Section 246(a)(3)(A)(ii)(II) has not been met. The
investigation revealed that workers in the workers' firm possess
skills that are easily transferrable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that workers of Bruker Handheld LLC,
Bruker Nano Analytics Division, including workers whose wages
were reported under Bruker AXS Handheld, Inc., Kennewick,
Washington, who are engaged in activities related to the
production of handheld and portable X-ray fluorescence (XRF)
spectrometers meet the worker group certification criteria under
Section 222(a) of the Act, 19 U.S.C. § 2272(a). In accordance with
Section 223 of the Act, 19 U.S.C. § 2273, I make the following
certification:
"All workers of Bruker Handheld LLC, Bruker Nano Analytics
Division, including workers whose wages were reported under
Bruker AXS Handheld, Inc., Kennewick, Washington, who became
totally or partially separated from employment on or after
December 21, 2020 through two years from the date of
certification, are eligible to apply for adjustment
assistance under Chapter 2 of Title II of the Trade Act of
1974, as amended, and are not eligible to apply for
alternative trade adjustment assistance under Section 246 of
the Trade Act of 1974."
Signed in Washington, D.C. this 12th day of May, 2022
/s/ Hope D. Kinglock
_______________________
HOPE D. KINGLOCK
Certifying Officer, Office of
Trade Adjustment Assistance